33.
The State points out that according to additional information provided by
various media sources—information that is in the public domain—Mr. Palma’s death is
related to the murder of congressman Jaime Hurtado and directly involves the former
Ambassador of Ecuador in the Republic of Mexico, Medardo Cevallos Gómez. The State
indicates that according to the statements of prisoner Lenin Ordóñez, Mr. Palma was
murdered by order of the son of the former Ambassador in May 1997. It asserts that
according to the investigation carried out in June 1998, Lenin Ordóñez participated in the
disappearance of Marco Bienvenido Palma Mendoza, who worked for the Cevallo group at
the time.
34.
The State maintains that based on statements made by Lenin Ordóñez within
the proceedings related to the deaths of Mr. Palma and Jhon Mero Parrales, the Tenth
Criminal Court Judge of Manabí ordered prison sentences for Medardo Cevallos Pinan and
others named in the statements.
35.
The State contends that the guilty verdict of March 19, 2001 showed that
the participation of State agents has not been demonstrated in the crime perpetrated against
Mr. Palma and, therefore, that there is no basis upon which to attribute responsibility to the
State. The State asserts that, while the right to life has been violated by private parties in
this case, the State has conducted an investigation that led to the punishment of the guilty
parties. In this sense, it maintains that the State did not violate Articles 4, 5, and 7 of the
American Convention.
36.
With respect to the alleged violation of Articles 8.1 and 25.1 of the
Convention, the State argues that in this case, the State apparatus undertook a serious and
appropriate investigation until the parties responsible for the violation were discovered and
punished according to Ecuadorian law, in spite of the complexity that characterizes an
investigation of this type. The State argues that this investigation culminated in the
judgment issued March 19, 2001 by the Sixth Criminal Court of Manabi against Freddy
Simón Contreras, Lenin Oswaldo Ordoñez Ortiz, and Stanley Vicente Domínguez Avilés for
the kidnapping and murder of Marco Bienvenido Palma Mendoza and Jhon Mero Parrales. It
indicates that the events described by the family members of Mr. Palma did not take place
with the support and tolerance of public power structures.8
37.
The State asserts that Article 47 of the Convention establishes that the
Commission shall declare a petition inadmissible when it lacks one of the requirements of
Article 46, that is, when remedies under domestic law have not been exhausted or when the
petition does not state facts that tend to establish a violation of the rights guaranteed by
this Convention. The State contends that in this case, the alleged facts do not characterize a
violation of the Convention, and that, furthermore, domestic remedies have not been
exhausted. As a result, the State contends that this case should be declared inadmissible
and archived in accordance with Article 47 (b) of the American Convention.
8
The State cites the judgments of the Inter-American Court of Human Rights case Velásquez Rodríguez
Vs. Honduras . Merit. Judgment of July 29,1988. Ser. C. No. 4. para. 173; and the Godínez Cruz Vs. Honduras
case. Preliminary Objections. Judgment of June 26, 1987. Ser. C. No. 3. para. 183, among others.